OPMCA Connection
Keeping You Informed!


OPMCA Connection keeps you informed and current on regulations from all state and national agencies as well as laws pertaining to the petroleum marketing/c-store industry.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah Fite
Director of Member Services  
Hannah@opmca4you.com

OPMCA  
6420 N. Santa Fe, Suite B
Oklahoma City, OK 73116
Phone: (405) 842-6625 
(800) 256-5013 
Fax: (405) 842-9562
OPMCA NEWS REMINDER:
2020 OPMCA Convention and Oklahoma Super Trade Show Postponed to May 4-5, 20201

With great consideration, the 2020 OPMCA Convention and Oklahoma Super Trade Show have been postponed to May 4-5, 2021. We regret needing to make this decision but with the status of COVID-19 changing daily and the safety of our members, vendors, attendees, staff and the general public as our top concern, we had no choice.
 
We are still anticipating the same great show with the same great participation despite the postponement. We hope you continue to support us in 2021!

Thank you for your understanding and support.
WHAT TO DO NOW:
During this time, OPMCA is working hard to ensure the association’s members are being taken care of properly with the postponement of the 2020 OPMCA Convention and Oklahoma Super Trade Show. Please review the following:

  • If you are an exhibitor for the 2020 Oklahoma Super Trade Show, please click HERE to view the official cancelation statement and additional information on how to proceed. Please click HERE for an exhibitor retain/refund request form.

  • We are doing everything we can to make it as seamless as possible to move your 2020 OPMCA Convention sponsorship and/or registration to 2021. If you would like a refund, please click HERE.

  • We are also giving members the option to move their 2020 OPMCA Convention registration over to the 2020 Fall Outing on Sept. 13-15. If that is something you are interested in, please email Hannah at Hannah@opmca4you.com.

  • If you have reserved a room at the Skirvin Hotel for the OPMCA Convention or Oklahoma Super Trade Show, please cancel your room ASAP to avoid any charges. You can cancel by calling (405) 272-3040.

  • If you have any questions regarding the OPMCA Convention and Oklahoma Super Trade Show, contact the OPMCA office.
Do not hesitate to contact us, we want to make this as easy as possible for our members during this time.
2019-2020 Board of Directors

Jerry Davidson, Chairman  
 Pete's Corporation

Tommy Shreffler
OnCue Marketing, LLC

Teresa Hollenbeck
Red Rock Distributing Company

Kurtis Hutchinson
Hutchinson Oil Company

Jason Flinn
Flowers Oil Company

Rob Toth
Coffeyville Resource
Click Here to View all PMAA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports
Monday, March. 30, 2020
  • Updated Essential Business List

  • PMAA Regulatory Alert: EPA Issues Enforcement Discretion Policy for Routine Compliance Requirements  

  • DOT Issues COVID-19 Guidance for Drug and Alcohol Testing Requirements

  • PHMSA Issues Enforcement Waiver for CDL Hazmat Driver Reoccurring Training

  • EPA Issues Temporary Nationwide Waiver for Summertime RVP Gasoline

  • EPA Warns State UST Authorities Not to Approve New ASTM Visual Sump Test Standard

  • PMAA Sends letter Requesting a delay in the EMV Liability Shift Deadline

  • Trump Administration Expected to Release Final Rule on CAFE Standards This Week

  • Small Refineries Appeal Court Ruling

  • Gasoline Demand Likely to Drop 50 Percent Due to Coronavirus

  • The Families First Coronavirus Response Act (FFCRA) to go into effect on April 1st 

  • Federated Insurance COVID-19 Pandemic Resources to Assist Employers

  • Federated Insurance March Educational Articles
Updated Essential Business List
Below you will find the official amendment from 3/25/2020 to the original executive order that declared a state of emergency. This list of essential businesses is in addition to the list from Homeland Security found HERE.

PMAA Regulatory Alert: EPA Issues Enforcement Discretion Policy for Routine Compliance Requirements  
The U.S. EPA issued general enforcement discretion policy last week designed to address difficulties regulated parties may have maintaining certain routine compliance requirements due to the COVID-19 outbreak. Specifically, the U.S. EPA will not seek civil penalties for the following: Routine Monitoring and Reporting; Integrity Testing; Sampling; Lab analysis, Training and Certification. 

Click here to view the full report from PMAA Regulatory Counsel Mark Morgan. 

DOT Issues COVID-19 Guidance for Drug and Alcohol Testing Requirements
The Department of Transportation (DOT) has issued guidance for employers who may have difficulty conducting mandated federal drug and alcohol testing due to the recent COVID-19 outbreak. Barriers to testing include unavailability of collection sites, breath alcohol technicians (BAT), medical review officers (MRO) and substance abuse professionals (SAP) caused by the COVID-19 outbreak. The guidance provides employers with testing flexibility by recognizing COVID-19 as a possible barrier to testing. In some cases, missed tests must take place at a later date according to the guidance.

Click here to read the full Regulatory Report on PMAA’s Coronavirus Resources webpage

PHMSA Issues Enforcement Waiver for CDL Hazmat Driver Reoccurring Training
The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced last Monday that the agency will not take enforcement action against any motor carrier or offeror who is unable to provide reoccurring hazardous material training that all CDL HAZMAT drivers (and all HAZMAT employees) must undergo every three years.

Click here to read the full Regulatory Report on PMAA’s Coronavirus Resources webpage

Congress Approves “Phase 3” Coronavirus Response Legislation
Last week, Congress approved a $2 trillion “Phase 3” coronavirus response package known as the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act) and will be sent to the President’s desk for his signature. 

Please note that the Small Business Legislative Council (SBLC) will have a full detailed report on the CARES Act soon. Click here for PMAA’s current detailed report. 

EPA Issues Temporary Nationwide Waiver for Summertime RVP Gasoline
On Friday, the EPA issued a temporary waiver allowing more time for refiners and terminal operators to switch over to low volatility summertime RVP requirements nationwide. The waiver moves the deadline for refiners and terminal operators to covert to summertime gasoline blends to May 20, 2020. The waiver is important to petroleum marketers because it will enable them to turnover gasoline tanks to summertime RVP in a more realistic time frame given the precipitous drop in consumer demand since the COVID-19 outbreak.

PMAA has been working closely with the EPA to obtain the RVP waiver after fielding numerous concerns from marketers over their ability to obtain compliant summertime RVP blends by the June 1, 2020 conversion deadline for retail facilities. Due to the drop in consumer demand for gasoline, refiners and terminal operators will likely miss their own May 1, 2020 deadline for converting to summertime RVP, causing a ripple effect downstream that will put petroleum marketers at risk for significant civil penalties for RVP violations. The RVP waiver will allow the unexpected glut of wintertime gasoline blends to continue to draw down into the summertime RVP season. EPA will continue to monitor the adequacy of gasoline supplies and, should conditions warrant, may modify or extend this waiver at a later date. Finally, EPA intends to extend the RFS compliance date for small refineries to provide them with additional flexibility soon.

Earlier last week, PMAA joined NACS, NATSO and SIGMA in sending a letter to the EPA requesting the agency to issue a waiver for the summertime RVP fuel requirements. The waiver request comes in response to the lack of demand for fuel due to the health pandemic. Click here to view the summertime RVP waiver letter.

EPA Warns State UST Authorities Not to Approve New ASTM Visual Sump Test Standard
The EPA’s Office of Underground Storage Tanks (OUST), last week, informed state underground tank program authorities that a new ASTM sump testing standard is not approved for use because it does not meet federal UST requirements. According to OUST, ASTM Standard E3255-20 does not meet federal regulatory requirements requiring spill prevention and sump testing be done using a liquid, pressure, or vacuum test. ASTM E3225-20 also known as the “FIT Test uses visual testing only. To address this matter, EPA added two new questions and answers to OUST’s web-based UST Technical Compendium about the 2015 UST Regulation. You can access it by clicking here.  

Please note that EPA previously approved the Low Liquid Level UST Containment Sump Test developed by PMAA as an acceptable low-cost test method for sumps.

PMAA Sends letter Requesting a delay in the EMV Liability Shift Deadline
Last week, PMAA joined NACS, SIGMA, NATSO and the Merchant Advisory Group in sending letters to Visa, Mastercard, AmEx and Discover requesting for a delay in the EMV liability shift deadline for automated fuel dispensers (AFD) due to the health pandemic. In the requests, the associations ask that the deadline be extended from October 1, 2020 deadline to a later date to be determined after the health crisis comes to an end.

Click here to view the EMV delay letter.

Trump Administration Expected to Release Final Rule on CAFE Standards This Week
According to a Trump Administration official, plans are in place to release the final rule on fuel economy standards this Tuesday. The rule is expected to require a 1.5 percent annual increase in the fleet-wide efficiency of new automobiles starting in 2021. Current regulations set by the Obama Administration require a mile-per-gallon (MPG) average of roughly 50 miles per gallon by 2025. However, last year, the Trump Administration proposed capping that requirement at a 37-miles-per-gallon average after 2020. The EPA and the National Highway Traffic Safety Administration (NHTSA) estimate that the final rule will save drivers around $1,000 on car purchases and could potentially save 3,000 lives over the rule’s lifespan.

In January, the EPA also issued an “Advanced Notice of Proposed Rulemaking” to create stricter standards on emissions from new heavy-duty trucks, and the agency has been collecting data to prepare for the upcoming rule.

PMAA has submitted numerous arguments as to why current MPG standards could harm petroleum marketers and how important it is that the Trump Administration’s rule is adopted.

Click here to read the comments.

Small Refineries Appeal Court Ruling
Trump Administration Backs Off Appeal

Last Tuesday, two small refineries, HollyFrontier and Wynnewood Refining, appealed a 10th U.S. Circuit Court of Appeals ruling which said that the EPA had exceeded its authority and must reconsider the small refinery exemptions (SREs) that it had granted to the refineries. That court ruling said only refineries that had exemptions continuously since 2011 could apply for new ones. The refineries are appealing the ruling because it would scale back the number of SREs which would negatively impact the refineries by increasing RIN prices.

Meanwhile, the Trump Administration has ultimately decided not to appeal the 10th U.S. Circuit Appeals court ruling. Instead, the Trump Administration will look for other ways to provide funding relief to refineries. The decision by the administration not to appeal the ruling ultimately hurts the refineries, who would almost certainly need the EPA’s backing to have a shot at a successful appeal. Furthermore, the administration’s decision not to appeal now means that only a handful of refineries will be eligible to receive exemptions. 

The issue is important to petroleum marketers because high RIN values lead to an unlevel playing field in the motor fuels market.

Gasoline Demand Likely to Drop 50 Percent Due to Coronavirus
IHS Markit believes gasoline demand will drop 50%, even more than during the 2008 recession, due to the coronavirus health pandemic. IHS Markit also believes demand for internal combustion engines (ICE) will decline. Additionally, EVs are expected to take a hit given that oil prices are down, therefore making EVs less competitive.

Click here to view the full article from IHS Markit.

The Families First Coronavirus Response Act (FFCRA) to go into effect on April 1st  
Important to petroleum marketers, the Department of Labor announced this week that the First Coronavirus Response Act (FFCRA), also known as “Phase 2” of the stimulus package, will go into effect on April 1st. Furthermore, DOL has published the model notice that employers will be required to post to advise employees of their rights under the FFCRA.

Click here to view the poster

Federated Insurance COVID-19 Pandemic Resources to Assist Employers
Federated Insurance is committed to helping navigate the newly announced mandates affecting business owners as a result of the spread of COVID-19. In collaboration with Enquiron®, Federated Insurance is providing you with three valuable documents designed to help provide information to organizations facing challenging employment issues during these uncertain times:




Additional helpful resources and Federated Insurance’s response to Coronavirus are found here.  

Federated Insurance March Educational Articles